Fact Pattern 26-1 Pharma Corporation Makes and Sells QualMed, the Most Prescribed Name-Brand

question 33

Multiple Choice

Fact Pattern 26-1
Pharma Corporation makes and sells QualMed, the most prescribed name-brand blood pressure-lowering medication. Renew Drugs, Inc., has the potential to make a generic version of the same drug.
-Refer to Fact Pattern 26-1.A court would most likely rule that the agreement between Pharma and Renew is​

• A) ​a deal that neither restrains trade or harms competition.
• B) ​a legal restraint of trade.
• C) ​a per se violation of the Sherman Act.
• D) ​subject to analysis under the rule of reason.

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Definitions:

Statutory Novation

The replacement of an obligation to perform under a contract with a new obligation or party, as recognized by statute.

Effective Assignment

A transfer or allocation that fully accomplishes its intended purpose, often relating to tasks, responsibilities, or legal rights.

Statutorily Assigned

Designated or assigned by law or statute in a formal manner.

Notice of Assignment

A formal notification indicating that a particular assignment of rights or interests has been made.